The High Court
Case Details
Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 24-Jan-2024 14:58:33 IN THE HIGH COURT OF ORISSA AT CUTTACK W.P.(C) No. 13456 of 2023 Satyabhama Devi Welfare Trust, Bhubaneswar .... Petitioner Mr. Gopinath Mishra, Advocate -versus- State of Odisha and others ….
Legal Reasoning
Opp. Parties Mr. Swayambhu Mishra, Additional Standing Counsel Order No. 6. 1. 2. CORAM: JUSTICE K.R. MOHAPATRA
Decision
ORDER 22.01.2024 This matter is taken up through hybrid mode. Petitioner in this writ petition seeks to assail letter No.3114 dated 19th April, 2023 (Annexure-5) issued by the Special Secretary to Government in Department of Social Security and Empowerment of Persons with Disabilities, Government of Odisha recommending for cancellation of allotment of Qrs. No.VR-56, Unit-VI, Bhubaneswar allotted in favour of the Petitioner. 3. Mr. Mishra, learned counsel for the Petitioner submits that the Petitioner-Trust is running an educational institution for hearing impaired students. As it did not have its own accommodation, Qrs. No.VR-56, Unit-VI, Bhubaneswar (for short ‘the demised premises’) was allotted in favour of the Managing Trustee of Satyabhama Dev Welfare Trust, Bhubaneswar for functioning of a +2 College vide Office order No.385 dated 6th January, 2016 under Annexure-1 by the General Administration Department, Government of Odisha. As such, the Page 1 of 4 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 24-Jan-2024 14:58:33 // 2 // +2 Wing of the education institution was continuing in the said demised premises. In due course, +3 Wing was opened with due permission of the authority and it was running in the said demised premises. In the meantime, +2 Wing of the Petitioner institution has been shifted to Petitioner-Trust’s own land at Gothapatna, Bhubaneswar, but the +3 Wing is still running in the said demised premises. At this juncture, the Special Secretary to Government in the Department of Social Security and Empowerment of Persons with Disabilities, Government of Odisha, vide its letter under Annexure-5 requested the General Administration and PG Department to cancel the allotment made in favour of the Petitioner Trust and to take possession of the said demised premises. Assailing the same, this writ petition has been filed. 3.1 It is submitted by Mr. Mishra, learned counsel for the Petitioner that Annexure-5 does not disclose any reason of cancellation of allotment in favour of the Petitioner-Trust vide Annexure-1. No opportunity of hearing has also been provided to the Petitioner before issuance of Annexure-5. As such, the impugned letter under Annexure-5 is not sustainable. 3.2 Mr. Mishra, learned counsel for the Petitioner further submits that the stand taken by Opposite Party No.2 at para-7 of the counter affidavit is not at all sustainable, as no such ground is spelt out in the letter under Annexure-5. It is his submission that Opposite Parties cannot supplement reasons of their action by taking a plea in the counter affidavit, which is not borne out in Page 2 of 4 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 24-Jan-2024 14:58:33 // 3 // the letter under Annexure-5. Hence, he prays for setting aside impugned letter under Annexure-5. 4. Mr. Mishra, learned ASC on other hand submits that on perusal Office Order under Annexure-1, it is crystal clear that the demised premises was allotted in favour of the Petitioner for running +2 Wing for education of hearing-impaired students. In the meantime, said institution has been shifted to Gothapatna, where the Petitioner-Trust has already constructed its own building. However, the Petitioner is running the +3 Wing in the demised premises without any authority. Hence, issuance of letter under Annexure-5 cannot be faulted with. He also refers to para-7 of the counter affidavit filed by Opposite Party No.2 in support of his submission and states that the writ petition is devoid of any merit and liable to be dismissed. 5. Considering the rival contentions of the parties and on perusal of record, it prima facie appears no order of cancellation of allotment of the demised premises has yet been passed by the General Administration and PG Department in respect of the demised premises. Only Annexure-5 has been issued by the Department of Social Security and Empowerment of Persons with Disabilities, Government of Odisha recommending cancellation of allotment made in favour of Petitioner-Trust and to take over possession of the said demised premises. 5.1 On perusal of Annexure-5 of course does not reveal any reason for such request or recommendation. Mr. Mishra, learned ASC submits that he does not have any concrete information as to whether any order of cancellation has been passed or not Page 3 of 4 Signature Not Verified Digitally Signed Signed by: SASANKA SEKHAR SATAPATHY Reason: Authentication Location: HIGH COURT OF ORISSA CUTTACK Date: 24-Jan-2024 14:58:33 // 4 // pursuant to issuance of letter under Annexure-5. He, however, submits that interim order passed by this Court dated 8th May, 2023 is still continuing. As such, order of cancellation of the allotment in respect of the demised premises might not have been passed. 6. Be that as it may, taking into consideration the facts and circumstances of the case, this Court is of the considered opinion that before cancellation of allotment made in favour of the Petitioner-Trust in respect of the demised premises opportunity of hearing should be given to it. 7. In view of the above, it is directed that if the General Administration and PG Department intends to take a decision for cancellation of allotment of the demised premises in favour of the Petitioner Trust as made under Annexure-1, the Petitioner should be given an opportunity of hearing before any final decision is taken in that regard. 8. With the aforesaid observation, the writ petition is disposed of. 9. Interim order dated 8th May, 2023 passed in IA No.6206 of 2023 stands vacated. 10. As requested, a copy of this order shall be made over to Mr. Mishra, learned ASC for communication and compliance. Issue urgent certified copy of the order on proper application. s.s.satapathy (K.R. Mohapatra) Judge Page 4 of 4